Kishore Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20776 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -BAHADURPUR District- DARBHANGA ====================================================== Kishore Mandal, son of Lutkun Mandal, Resident of Village- Barhetta, P.S.- Bahadurpur, District- Darbhanga.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 352 of 2016, registered under Sections 302 and 120-B of Indian Penal Code and Section 27 of the Arms Act corresponding to S.T. No. 57 of 2017, pending in the Court of 1st Additional Sessions Judge, Darbhanga.
The allegation of informant Indu Devi is that her husband Shankar Kishore Mandal was doing the business of property dealing in the partnership of petitioner Kishore Mandal since 12-13 years, but before one year both started separate business. In the meantime, a land dispute arose in respect to some land regarding which Panchayati was also convened. On 06.09.2016, in the morning, husband of the petitioner told her that he was called by Kishore Mandal for Panchayat at Kunwar Nagar and he proceeded for there with his villager Ranjeet
Patna High Court Cr.Misc. No.20776 of 2017 (5) dt.29-06-2017 2/2 Mandal. After some time, informant received information that her husband has been shot fire by Kishore Mandal and her husband has been brought at DMCH, Darbhanga for treatment. The informant reached at DMCH and saw her husband dead pooled with blood. On enquiry, Ranjeet Mandal told that when he along with her husband reached at the door of the Mukhiya then her husband was called by the petitioner at that time, three unknown came near him and shot fire at her husband and they fled away from Pulser motorcycle bearing Reg. No. BR-33N-7839. Later on, miscreants were apprehended and they disclosed that petitioner had engaged him to commit murder of her husband on the payment of Rs. 2,00,000/-.
Learned counsel appearing on behalf of the petitioner submits that due to land dispute, the petitioner has falsely been implicated in this case and he is in custody since 12.09.2016. Learned counsel for the State vehemently opposed the prayer for bail of the petitioner and submits that petitioner has engaged the miscreants to commit murder of the deceased. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.
(Rajendra Kumar Mishra, J) manish/- U T